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What Is Workers Compensation in New York?

Receiving Compensation for On-the-job Injuries

Workers compensation in New York is monetary assistance that insurance pays to injured employees, who are suffering from a work related injury or occupational illness. By receiving medical care and lost wages compensation, employees can recover and get back to work.

Workers comp is a no-fault compensation system. It originated as a compromise to reduce lawsuits against employers that held them accountable for on-the-job injuries. Workers compensation insurance simply covers the damages without establishing fault. In fact, worker comp first came into existence based on the large numbers of workers suffering from job injuries and the need for an economical remedy. Workers and employers caught up in legal proceedings instead of day-to-day work was counter-productive for industries. Therefore, workers compensation insurance arose, serving a dual purpose: it prevented employers from being sued and helped workers get well and quickly return to work.

What Types of Injuries or Occupational Illnesses Qualify for Workers Compensation in New York?

Work activities, materials or equipment resulting in injuries typically qualify for workers compensation. Examples of work related injuries and occupational illnesses include:

  • Slip and fall accidents
  • Falling objects
  • Machinery accidents
  • Chemical exposure leading to lung disease or skin carcinomas
  • Repetitive stress injuries, such as carpal tunnel syndrome
  • Company vehicle accidents
  • Hearing impairment
  • Post-traumatic Stress Disorder (PTSD)

Injuries that the insurance typically does not cover would be injuries sustained by fighting or horseplay, or while under the influence of drugs or alcohol, along with self-inflicted injuries. If you violate a company policy or are involved in criminal activity, injuries sustained under these circumstances would also not qualify for coverage.

How Does Workers Compensation Work?

Workers compensation covers the following types of benefits:

  • Medical expenses. The insurance pays for hospitalization, doctor visits, medication and physical therapy.
  • Lost wages. The insurance covers a percentage of lost income if you lose more than seven days of work due to your work related injury.
  • Temporary injuries. In some instances, workers have not fully recovered but are able to do some type of work while recovering. They can qualify for temporary disability benefits, which would pay two-thirds of the difference between their previous average weekly wage and their current earning capacity.
  • Permanent disability. Once the worker's medical condition stabilizes and the doctor evaluates no further improvement will occur, if the worker is still impaired, some form of permanent disability classification would apply. If there is 100% disability, then the worker can receive two-thirds of the weekly average wage for as long as the disability continues.

When Should You Hire a Workers Comp Lawyer?

If the insurance company disputes or denies your claim, you should consult with an attorney. At Sackstein Sackstein &  Lee, LLP, we offer a free initial consultation to discuss your work related injury and legal options that are available.

Call us toll free at 888.519.6400, or contact us in Garden City at 516.248.2234, or in Flushing-Queens, Brooklyn or the Bronx at 718.539.3100. You can also fill in our contact form, and we will get in touch with you.

With offices throughout New York City and Long Island the personal injury attorneys at Sackstein Sackstein & Lee, LLP, assist accident victims throughout New York, including the cities of Manhattan (NYC), Brooklyn, Bronx, Queens, Flushing, Bayside, College Point, Jamaica, Jackson Heights, Elmhurst, Corona, Long Island City, Elmont, Forest Hills, Ozone Park, Springfield Gardens, Rosedale, Laurelton, Hollis, Ridgewood, Nassau, Hempstead, Elmont, Mineola, Freeport, Garden City, Uniondale, Westbury, Roosevelt, East Meadow, Levittown, Franklin Square, New Hyde Park, Williston Park, Valley Stream, as well as the communities in and around Nassau County and Suffolk County.

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